Drowsy Driving

In California, the technical charge for driving while drowsy is reckless driving. Driving while drowsy can subject a person to both criminal charges and civil lawsuits. Reckless driving is a criminal charge and a conviction for reckless driving can result in criminal sanctions. Given the seriousness of the charge, it is wise to consult with an experienced criminal defense attorney who can successfully challenge the case.

Drowsy driving affects all motorists including truck drivers, tour bus drivers, and traveling salespeople too. Most people who are charged with driving while drowsy are normally law-abiding citizens. So while punishment may be of a criminal nature, it is possible that the conscientious lawyer may successfully obtain the mercy of the court at the time of sentencing.

Generally, a driver who is drowsy or sleepy is not capable of reacting quickly to the conditions of the road. There are no objective, measurable standards for drowsy driving, as there are for alcohol and drug intoxication. But, there are certain characteristics known to be associated with driving while drowsy or sleepy:

• The accident occurs during late night, early morning or midafternoon
• The crash is likely to be serious
• A single vehicle leaves the roadway
• The crash occurs on a high-speed road
• The driver does not attempt to avoid a crash
• The driver is alone in the vehicle

Although evidence of drowsiness or sleepiness is often limited, studies indicate that there are certain factors that increase the odds that an accident was caused by or aggravated by a drowsy driver. These factors include:

• Sleep loss
• Certain driving patterns, including driving between midnight and 6 a.m., driving many miles each day or each year, driving in the midafternoon hours, especially for older persons, and driving for extended periods without taking a break
• Use of sedating medications, especially prescribed hypnotics, certain antidepressants, and some antihistamines
• Untreated or unrecognized sleep disorders, especially sleep apnea syndrome (SAS) and narcolepsy
• Consumption of alcohol, which interacts with and adds to drowsiness

As soon as a driver becomes sleepy, it is important to stop driving as soon as possible, if not immediately. Taking a 15 to 20-minute nap and consuming caffeine equivalent to two cups of coffee can help, but these are short-term solutions. The only really safe course of action is to get a significant amount of sleep. Studies have shown that certain groups are more susceptible to drowsy driving than others. The top three groups are:

• Young people (ages 16 to 29), especially males
• Shift workers whose sleep is disrupted by working at night or working long or irregular hours
• People with untreated sleep apnea syndrome (SAS) or narcolepsy

An individual who is charged with reckless driving associated with drowsiness or sleepiness can be defended by experienced DUI / DWI attorneys who represent clients on a broad range of criminal matters, including cases involving drowsy drivers.